Consequences can range anywhere from probation to years behind bars. Can You Be Charged For Selling Drugs In The Past? | Drug Crimes. Confidential informants have special status in criminal cases. Because of these complications and the variety of penalties for drug charges, your best bet is to never "tell your side of the story" until you have a defense attorney to advocate for you. Unlawful possession of marijuana involves knowingly and unlawfully possessing marijuana. There are numerous factors other than the ones discussed here that play into the determination of whether a suspect is in constructive possession of a drug.
There are two legal elements for constructive possession: - First, did the suspect have knowledge of the substance's nature and character? In order for the prosecution to prove that you are guilty of possession of a controlled substance, they must demonstrate beyond a reasonable doubt that: - The substance in question is a controlled substance. It is reserved for paraphernalia related to drugs that are not marijuana, such as cocaine or heroin. Read more about us to find out how we can help you. Illegal drugs are split into five different categories, known as schedules. Can you be charged for buying drugs in the past 10. Generally, you can be charged with constructive possession if the drug is somewhere you could easily access it, such as in your car, at your residence, or in another place (such as in a gym locker or stashed within reach under a chair).
For a person's own use brings a fine of up to $500. Exception: Overdoses. Can you be charged for buying drugs in the past five. Call Hubbs Law today at (305) 570-4802 to schedule a day and time to discuss your charge for sale or delivery of a controlled substance. Assuming the statute of limitations has not expired, authorities will pursue charges for felony or misdemeanor selling of drugs. To learn how our team can help with your case, please contact Criminal Defense Attorney Mark Diaz. People Are Not Guilty Until They Are Proven Guilty. A lack of probable cause or any illegal searches or other missteps by police in the process of gathering evidence may lead the court to exclude the evidence, which could result in a reduction or dismissal of charges.
This penalty is not necessarily contingent on whether or not your drug-related crime had anything to do with your ability to drive, such as an OWI. If police engaged in misconduct in their investigations or when making an arrest, you might be able to have evidence excluded in some scenarios after that happens, the government may have no choice but to dismiss charges. Understanding Possession under Massachusetts drug laws: - Possession can be Actual or Constructive: - Actual possession is when you have drugs on your person, such as in your pocket when searched. Can you be charged for buying drugs in the past week. Disputing the legality of the evidence presented, if it was acquired in a way that was illegal or unconstitutional. This details where the boundaries are specifically drawn between personal use cases and drug trafficking cases with each substance. Protection is possible if: - You possessed drugs for your own use.
In the case of drug paraphernalia, the activity is drug usage. With So Much on the Line, Choose an Aggressive Drug Crime Defense Attorney. The penalties for drug sale charges are based on the applicable state or federal law and therefore can differ. Problems with evidence are also a reason that prosecutors may sometimes consider plea bargaining instead of going to trial with weak evidence. Inside the compartment were drugs, firearms, cash, and assorted drug paraphernalia. Texas Penalties for Drug Possession: Marijuana, Cocaine & Meth. In Houston and the rest of Harris County, the District Attorney will not prosecute those arrested with less than 4 ounces of marijuana.
Firstly, we ensure full transparency throughout the process. How a Galveston Drug Trafficking Attorney Supports Your Rights. The sale or delivery of Schedule I hallucinogens, a handful of Schedule II drugs (including amphetamines), and all Schedule III and Schedule IV drugs is a third-degree felony. In deciding whether constructive possession has been proved, all of the circumstances present must be considered. If you have been charged with a drug offense, your first step should be to immediately hire a lawyer. Penalty Group 2: PCP, THC oil (or commonly referred to as "weed wax"), psychedelic mushrooms, and ecstasy. Without essential information, the prosecution might not meet the high standard of proof. You may call any time of the day or night for a free consultation. These drugs have an abuse potential that is lower than Schedule III drugs. But heroin is a special case. Constructive possession means that drugs are found in an area determined to be under your Elements of Constructive Possession.
Drug Raids in a home: When a house is searched for drugs and drugs are found, a common defense is that the person charged does not possess the narcotics. Misidentification of the accused. Contact us today at (941) 444-4444! Call today on (941) 444-4444! Drug possession crimes. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Packages that go through first class shipping are in fact protected by your Fourth Amendment right. Our founding attorney, E. J. Hubbs, is Board Certified in Criminal Trial Law by the Florida Bar. He has successfully defended numerous clients against charges of drug sale and purchase. A suspect's admission that they knew the drugs were present is extremely informative and will often seal the deal on the issue of constructive possession. Different drugs are divided into "penalty groups" to determine the type of felony and punishment range that applies. Summary of Texas Drug Trafficking Laws.
Possessing 200 to 400 grams of cocaine is a first-degree felony, bringing a fine of up to $10, 000 and jail time of 5 to 99 years. For example, imagine that you used drugs in the past and forgot that you had drug paraphernalia, maybe a glass pipe, in your car and you are pulled over for a traffic violation. It used to be a Class 1 misdemeanor to possess rolling papers or a pipe used to ingest marijuana. Additionally, convicted drug dealers may suffer additional consequences, such as a lifetime ban on firearms ownership, denial of certain professional licenses, or mandatory disclosure of conviction when applying for certain types of employment. As you can see from this legal summary, Texas drug trafficking laws are complicated. Oxycotin possession. Defenses used in drug cases in Florida in the past include: - Demonstrating that the law enforcement officers were displaying entrapment. You were illegally searched.
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